Terms and Conditions

DEAR VISITOR,

Please read through the following Terms and Conditions (“Terms and Conditions”) carefully. All references to 'our', 'us', 'we', 'company' or ‘Diageo’ within these Terms and Conditions shall be deemed to refer to Diageo Business Services Private Company Limited by Shares (Seat: H-1134 Budapest, Dózsa György út 144.; Company Registry No.: 01-10-141501; Tax ID No.: 27408047-2-44), while references to ‘you’, ‘your’ or ‘user’ shall be references to the user of the Websites.

By opening the websites accessible at www.bespirited.uk and any of its pages (“Website”) you accept the Terms and Conditions listed herein.

In case you do not agree to those set forth below, please do not pursue opening our Websites.

1. General Information

1.1. The Website is intended for your use only if you are of legal age to purchase alcohol in Hungary and your country of residence and in the country from which you are accessing the Website. If you do not fall within this category, you may be in breach of applicable laws or regulations, and you should not access to the Website.

1.2. Diageo does its utmost to ensure the accuracy of the information transferred to the Website upon the date of uploading. Notwithstanding the above, Diageo shall not undertake warranty, either express or implied, for information provided on the Website.

1.3. Diageo reserves the right to make any change or correction of, or delete, the Website or the information thereon in whole or in part, without giving notice thereof. It is recommended to review this page periodically for updates, which shall come into effect when posted. Your continued use of the Website constitutes acceptance of the amended Terms and Conditions. We also may impose limits on certain features or restrict your access to parts of or the Website without notice or liability.

2. Liability:

2.1. Diageo shall not accept responsibility for any loss or damage arising out of the access to, or lack or use of, the Websites or any information provided by the Websites.

2.2. Diageo will not be liable for any damages, losses, costs or expenses arising out of, or the use of, or the inability to use improper operation, operating trouble or any unauthorized change of data by any person, or arising out of the delay in transmission of information, computer virus, line or system failure, or any similar reason.

2.3. To the extent permitted by applicable Hungarian law, Diageo shall have no liability for any loss or damage howsoever arising and of whatever nature incurred in connection with the user or to third parties or reliance on including but not limited to, any direct, indirect or consequential loss, loss of business, loss of goodwill or loss of profits.

3. Indemnity

3.1. Diageo shall not be liable for any content provided by you including but not limited to any user or personal data or information. You agree to indemnify and hold Diageo, its group undertakings, and each of their directors, officers, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees arising out of or in connection with:

• 3.1.1. any content posted by you or through your registered account on the Websites;
• 3.1.2. your use of any of the Websites; or
• 3.1.3. any breach of these Terms and Conditions or of any law or the rights of any third party

4. Copyright

4.1. Any user of the Website, who provides information to Diageo through the use of the Website, shall accept that Diageo has unrestricted rights to such information, and Diageo shall be entitled, upon its discretion, to use such information.

4.2. The Websites and their content (content being images, sound and text, etc.) as well as their arrangements are protected by copyright or trademark protection. Any use of such content – exceeding personal use – in any form may not be made without the prior express written consent of Diageo.

4.3. You are hereby warned that any use differing from or infringing the terms of Diageo detailed above shall be followed by copyright, civil and criminal consequences. Diageo shall take steps against any infringement of rights that may come to its knowledge.

5. Entire Agreement

5.1. The Terms and Conditions, including the Privacy Policy - and if applicable, the BESPIRITED Participation Rules -, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us.

5.2. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is unenforceable or invalid, the other provisions of the Terms and Conditions shall remain in full force and effect. We may, at our option, assign, or otherwise transfer any or all of our rights and obligations under the Terms and Conditions to any third party or parties at any time in accordance with the relevant Hungarian laws, in particular the Act V of 2013 on the Civil Code.

5.3. The Terms and Conditions, the Privacy Policy and the Rules as well as any dispute arising out of or in connection with the use of the Websites shall be governed by the laws of Hungary Please take into consideration that it is recommended to read carefully the Terms and Conditions and Privacy Policy and the “BESPIRITED” Program Participation Rules and Guidelines.

Diageo Business Services Private Company Limited by Shares all rights reserved ©

PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) contains the rules in relation to personal data protection, data privacy and data processing in connection with the use of www.bespirited.uk and any of its pages (“Website”).

All references to 'our', 'us', 'we', 'company' or ‘Diageo’ within this Privacy Policy shall be deemed to refer to Diageo Business Services Private Company Limited by Shares (Seat: H-1134 Budapest, Dózsa György út 144.; Company Registry No.: 01-10-141501; Tax ID No.: 27408047-2-44; data protection officer’s email address: DiageoDPOHungary@diageo.com), while references to ‘you’, ‘your’ or ‘Data Subject’ shall be references to the users of the Websites and those who provide personal data on the Websites.

In respect to the cookies used in the website, the operator of the website, the Ecosim Kft. is considered an independent data controller. The use of logfiles, possible marketing and retargeting tools, cookies, the scope of personal data collected by them and their use are the exclusive discretion of Ecosim Kft., over which Diageo has no control, and the personal data thus generated will not be disclosed to Diageo.

By using the websites and by application and participation in the Diageo ‘BESPIRITED’ Program (‘Program’), based on the rules and the prior notification as of this Privacy Policy, you give your consent to the personal data processing in accordance with the Privacy Policy. The data processing shall be in accordance with the EU General Data Protection Regulation 2016/679 (“GDPR”).

1. DATA PROTECTION INFORMATION SHEET

1.1. The purpose of the procession of personal data is participation in the Program, keeping contact between Diageo and you and inform you about future career opportunities/programs at Diageo. The purpose, the legal basis and the duration of the processing and the parties entitled to access the data are described below. 

In case Diageo intends to use the data provided by you for purposes other than the purpose of original data recording, Diageo shall notify the data subject thereof, and obtain his/her prior consent thereto, and afford an opportunity for him/her to cancel such consent at any time thereafter.

Diageo will not transmit any personal data treated to any third person, unless such transmission is provided for by legislative provisions, without the prior consent of the data subject thereto.

2. THE FRAMEWORK OF DATA PROCESSING

2.1. Diageo controls personal data only for the purposes mentioned above. Diageo provides the security of personal data and take the suitable measures against unauthorized access, alteration, transmission, public disclosure, deletion or destruction, as well as damage and accidental loss, and to ensure that stored data cannot be corrupted and rendered inaccessible due to any changes in or modification of the applied technique.

Diageo assures that the personal data provided during the Program will not be used for any other purpose.

2.2. Diageo hereby inform the Data Subject about their rights:

The data subject, i.e. the person whose personal data are processed related to the Program, has the right to obtain information about and access (including the right to request a copy) to the processing of his/her personal data at any time, as well as the right to rectification, cancellation or restriction of the processing. 

Data protection rights and legal remedies available for data subjects are contained in detail in the relevant provisions of GDPR (in particular, Articles 12-22, 77-79, 80 and 82 of GDPR). The summary below contains the most important provisions and Diageo accordingly informs data subjects concerned of their rights and legal remedies regarding data processing.

Diageo shall, without undue delay, but in any case within one month from the receipt of the data subject’s request regarding the exercise of its rights (see Articles 15 to 22 of GDPR), inform the data subject concerned of the measures taken in response to his or her request. If necessary, taking into account the complexity of the request and the number of requests, this deadline may be extended by two additional months. The Controller shall, within one month of the receipt of the request, inform the data subject of the extension of the deadline by indicating the reasons for the delay.

The Controller shall provide the information requested by the data subject in writing or, in case the data subject has submitted its request by electronic means or if it is otherwise requested by the data subject, provide it electronically. The information may be provided orally if the data subject verifies its identity to Diageo. 

2.2.3      Right of access by the data subject

(1) The data subject shall have the right to obtain from Diageo confirmation as to whether or not personal data concerning him or her are being processed. If such data processing is in progress, the data subject has the right to access to the personal data and the following information:

a) the purposes of the processing;

b) the categories of personal data concerned;

c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries;

d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

e)the existence of the right to request from Diageo rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

f) the right to lodge a complaint with a supervisory authority;

g)where the personal data are not collected from the data subject, any available information as to their source;

h) the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

(2) The Controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the Controller may charge a reasonable fee based on administrative costs. Where the data subject made the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.

2.2.4     Right to rectification 

The data subject shall have the right to obtain from Diageo without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

2.2.5     Right to erasure (‘right to be forgotten’) 

(1) The data subject shall have the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies:

a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed by the Controller

b) the data subject withdraws consent on which the processing is based and there is no other legal ground for the processing;

c) the data subject objects to the processing and there are no overriding legitimate grounds for the processing;

d) the personal data have been unlawfully processed;

e) the personal data have to be erased for compliance with a legal obligation in the Union or Member State law to which the Controller is subject or;

f) the personal data have been collected in relation to the offer of information society services.

g) Where the Controller has made the personal data public, and are obliged pursuant to the above to erase the personal data, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Companys which are processing the personal data that the data subject requested the erasure by such controllers of any links to, or copy or replication of, those personal data. 

(2) Paragraphs 1 and 2 shall not apply to the extent that processing is necessary, amongst others:

a) for exercising the right of freedom of expression and information;

b) for compliance with a legal obligation which requires processing by the Union or Member State law to which the Controller is subject;

c) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

d) for the establishment, exercise or defence of legal claims.

In case any of the Data Subjects request to erase his/her personal data, then the relevant personal data shall not be processed by Diageo, therefore Diageo shall not be able to prove the compliance of the data processing. In consideration of the above, by requesting the erasure of the personal data, the Data Subject expressly and irrevocably declare that he/she shall not have any claim in relation to the data processing.

2.2.6     Right to restriction of processing 

(1) The data subject shall have the right to obtain from Diageo restriction of processing where one of the following applies:

a) the accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data;

b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

c) the Controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;

d) the data subject has objected to processing pending the verification whether the legitimate grounds of the Controller override those of the data subject.

(2) Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

(3) The data subject who has obtained restriction of processing shall be informed by the Controller before the restriction of processing is lifted.

2.2.7     Notification obligation regarding rectification or erasure of personal data or restriction of processing 

The data subject shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Controller shall inform the data subject about those recipients if the data subject request it.

2.2.8     Right to data portability 

(1) The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another Company without hindrance from Diageo, where:

a) the processing is based on consent or on a contract; and

b) the processing is carried out by automated means.

(2) In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one Company to another (such as the Company and other Companys) where technically feasible.

(3) The exercise of the above right shall be without prejudice to the right of erasure (“the right to be forgotten”) and the rights and freedoms of others shall not be adversely affected by this right.

2.2.9     Right to lodge a complaint with a supervisory authority 

The data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of the habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing personal data relating to the data subject infringes the GDPR. In Hungary, the competent supervisory authority is the Hungarian National Authority for Data Protection and Freedom of Information (website: http://naih.hu/; address: Budapest, Falk Miksa u. 9-11, 1055, 1530 Budapest, Pf.: 5.; phone: +36-1-391-1410; fax: +36-1-391-1410; e-mail: ugyfelszolgalat@naih.hu).

2.2.10   Right to an effective judicial remedy against the Controller or the Processor 

(1) The data subject, without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority, shall have the right to an effective judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her personal data in non-compliance with the GDPR.

Proceedings against the Controller or the Processor shall be brought before the courts of the Member State where the Controller or the Processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence.

Diageo will provisionally use the following automatically generated information for the purposes of technical operation of the website:

3. SECURITY OF DATA PROCESSING

In order to avoid unauthorized use of personal data managed by Diageo and to avoid misuse of such data, Diageo has taken comprehensive technical and operational safety measures. Our safety procedures have regularly been controlled and improved in harmony with technological development.

Diageo shall treat any information about the person, personal data and business relations with the Diageo of its customers, partners and other clients as confidential information. No release can be given from the obligation of management of confidential information other than by the data subject.

4. INFORMATION

You are warned that you may have access to the websites of other companies and organizations from the Websites. Diageo will not be liable either for the content and accuracy of the data at such websites, or for the security of your data. It is recommended for you, in case you use such websites, to be persuaded of the data protection policy of the organization publishing such websites.

Please be aware that Terms and Conditions, including the Privacy Policy - and if applicable, the BESPIRITED Participation Rules -, constitute the entire agreement between you and us. If you have any questions regarding the competition send an e-mail to support@bespirited.uk.

Diageo Business Services Private Company Limited by Shares all rights reserved ©

“BESPIRITED” PROGRAM - PARTICIPATION RULES AND GUIDELINES FOR PARTICIPANTS FROM HUNGARY

1. Subject of the “BESPIRITED” Program Participation Rules and Guidelines

The subject of the “BESPIRITED” Program Participation Rules and Guidelines (“Rules”) is the “BESPIRITED” Program (“Program”) which is a talent acquisition program and competition organised by DIAGEO Diageo Business Services Private Company Limited by Shares (Seat: H-1134 Budapest, Dózsa György út 144.; Company Registry No.: 01-10-141501; Tax ID No.: 27408047-2-44); „Diageo”).

The Rules are available at the following website: www.bespirited.uk (“Website”)

By application and participation in the Program, the applicants and Participants declare that they are aware of the Rules and any other applicable terms and conditions relevant to the Program and accept those Rules and other applicable terms and conditions.

2. Duration of the Program and language

The Program takes place from 6 October 2023 00.00 (“Start Time”) to 17 November 2023 24.00 (“Ending Time”) as set out in the Rules.

3. Organiser

The organiser and main sponsor of the Program is Diageo. Contact and any information in relation to the Program: support@bespirited.uk.

4. Contributing Agencies

The following companies acts as contributing agencies in the Program:

• DIAGEO Business Services Private Company Limited by Shares (Seat: H-1134 Budapest, Dózsa György út 144.; Company Registry No.: 01-10-141501; Tax ID No.: 27408047-2-44), contact email: support@bespirited.uk)
• EcoSim Kft. (Seat: 1094 Budapest, Páva u. 13.; Company Registry No.: 01 09 714023; Tax ID No.: 13000873-2-43; contact e-mail: balazs.orova@ecosim.hu)

5. Description and Rounds of the Program

The Program contains three (3) rounds as defined in this Section 6 of the Rules. During an online qualification part and other online parts of the Program, Participants in teams of three (3) have to solve logical, professional and financial tasks.

Please be aware that further details on the description and the process of the Program may be found on the Website.

5.1. First Round: Online Qualification

In the first round the teams of three will have a chance to discover a virtual Diageo office within the framework of an online business adventure game. Participants have to solve interesting business-related tasks while learning more about Diageo’s Infuse Program for fresh graduates. At the end of the Online Qualification, the ranking of the teams will be based on the results of the professional tasks, teams who solved at least 70% of the tasks correctly will proceed to the next round.

5.2. Second Round: Online Semi-final

The teams who solved at least 70% of the tasks correctly in the Online Qualification get the opportunity to take part in the Semi-final, if they fulfil all the application requirements set forth below. 

The Semi-final round is an online competition on a business simulation platform. Participating teams will become the management of a virtual FMCG company where they have to make business decisions to be the most successful company on the market. 

The TOP 10 teams of the Semi-final are invited to participate on the live Final, so they can also meet DIAGEO Business Services Ltd.’s management and prove their professional capability to them.

5.3. Third Round: Final

The Final will be organised as a live event in Budapest in the Diageo office.

The Final round of the Program would cover tasks as follows:

A case study will be provided to the TOP 10 participating teams a few days before the Final. The teams will have to create professional solutions for the problem explained in the case study. The format of the Finals will be presentations provided by the teams while the Jury evaluates the professional performance of them. 

The TOP 3 teams (selected out of the TOP 10 teams based on the Final results) receive prizes, defined in the Rules and on the Websites.

5.4. The Jury

During the Final of the Program a jury (“Jury”) would score and decide on the achievement and performance of the Participants.

The Jury of the Final shall be the members of the DIAGEO management.

Beside the Prizes, the best performing Students of the Program might receive a job offer and the opportunity to participate in the internship program of DIAGEO, if they are selected by DIAGEO’s management based on their professional background, experiences and demonstrated capability, and the organization has vacant position in line with the candidate’s professional background, experiences and demonstrated capability.

The BESPIRITED Program participation does not mean automatic participation in the internship program or job offer, some further selection steps shall be applicable, e.g. interviews or tests. Diageo reserves the right not to provide job offer or internship program participation offer to any of the Students without further justification or reasoning.

6. Participants

6.1. Categories

Those who apply for the Program and met the requirements set out in the Rules, may participate in the Program (together as “Participants”).

The Participants are:

• Any undergraduate (BSc or MSc), PhD or recently graduated student regardless of professional background (“Students”)

In relation to the Program, the term “recently graduated student” shall mean any student who finished his/her studies within two (2) years before the Start Time.

In case of the Students – in relation to whom it is applicable – student status should be valid until the Final of the Program.

Diageo reserves the right to request proof of student status, e.g. by school attendance certificate, from the Participant during the whole period of the Program.

Only those can apply to the Program, who meet the requirements set out in the Rules. Diageo reserves the right to disqualify any Participant, at any of the stages of the Program if the requirements are not met.

6.2. Additional Restrictions

The Program is intended for the participation only if the Participants are of legal age to purchase alcohol in Hungary and their country of residence and in the country from which they are accessing the Websites.

If they do not fall within this category, they may be in breach of applicable laws or regulations, and they should not access to the Website or participate in the Program.

6.3. Other Companies

Diageo may provide the possibility for teams from other companies of the Diageo Group to participate in the First Round: Online Qualification part of the Program.

In relation to the Rules Diageo Group shall mean affiliates of Diageo plc other than Diageo (“Other Affiliates”).

The participation of teams from Other Affiliates shall be strictly restricted to the First Round: Online Qualification and their participation shall not affect, in any form, the participation of the Students.

7. Winners and Prices

The teams ranked in the first, second and third place shall win prices as set out in the Rules.

That shall mean that the team ranked in first, second, third places from the Students shall win the prices as follows:

• First place: 3 x iPad
• Second place: 3 x AirPods
• Third place: 3 x 30,000 HUF Diageo Brand voucher

8. Miscellaneous

8.1. Amendments

Diageo reserves the right, at its sole discretion, to amend the Rules and other relevant terms and conditions or data privacy policy and/or withdraw or cancel the Program at any time without notice. In case of amendment, the continued participation in the Program after such amendment constitutes the Participants’ acceptance of the new Rules. All the amendments shall be effective from the publishing date of such amendment.

8.2. Liability

To the extent permitted by applicable Hungarian law, Diageo shall have no liability for any loss or damage howsoever arising and of whatever nature incurred in connection with the Participants or to third parties or reliance on including but not limited to, any direct, indirect or consequential loss, loss of business, loss of goodwill or loss of profits.

8.3. Voluntarily

The participation and providing any information including personal data is voluntary.

8.4. Product Placement

During the Program product placement and prop placement occurs.

Diageo Business Services Private Company Limited by Shares all rights reserved ©